Text of condemnation order city issued to Wah Lung

SENT CERTIFIED MAIL AND POSTED ON PROPERTY

February 10, 2014

Chen Xue Q

2 Divinity Street

Bristol, CT06010

RE: 2 Divinity Street, Tax Assessor map
# 49, and Lot # 11-1

Subject: Unsafe and unsanitary building

To Whom It May Concern:

As the owner of the property known as 2 Divinity
Street and 173 West Street in Bristol, Connecticut;
I am hereby issuing this condemnation order that the structure be deemed
uninhabitable due to unsafe, dangerous and unsanitary conditions and the
persistent improper (lack of) property maintenance. On February 10, 2014, I
observed numerous violations during my inspection with the Bristol/Burlington
Health Department, Bristol Fire Marshal’s Office and the Mechanical Inspector
from the Building Department. I received
a referral from the Director of the Health Department who’s employees were
concerned that there existed unsafe conditions.

The following unsafe, dangerous and
unsanitary conditions must be addressed before the condemnation order can be
lifted and the building re-occupied:

1)All garbage, refuse (rotted wood) and trash must be
removed from the exterior of the premises, especially from areas at rear of
building blocking rear egress.

2)All windows and doors and surrounding trim of the
building must be restored.

3)The rear egress covered porch and stairs is unsafe
due to failing structural members which must be rebuilt per building code after
applying for a building permit.

4)Heat must be restored. Do not use portable heaters of any type as a
primary heat source.

5)The restaurant Hood and duct system must be cleaned
of heavy grease build up.

6)Remove damaged flue exhaust pipe from rear of building.

7)Remove the peeling paint and restore exterior siding
and trim where required.

8)Smoker unit must be vented separately and not
through the hood suppression system.

9)Kitchen freezer condensate drain line must be
plumbed to an in-direct waste outside the freezer unit.

10)Unsanitary conditions in restaurant require that the
wall, ceiling and floor coverings be re-placed-NOT RE-PAINTED.

13)Comply with all requirements of Bristol/Burlington
Health District.

14)Comply with all requirements of the Bristol Fire
Marshal’s Office.

15)The inspection of the basement of the building and
the three apartments are required to determine if there is any structural
defects and fire hazards which may pose imminent danger to anyone occupying the
structure and may result in additional restoration requirements.

Therefore, I am hereby ordering you do
not occupy the structure known as, 2 Divinity Street and 173 West Street, Bristol
CT except to correct the violations listed in this order. Failure to comply
with this order will result in arrest by the Bristol Police Department. This
order will not be lifted until all of the violations listed above are corrected
and I receive confirmation from all City Departments involved.

Please call me at 860-584-6220 if you
have any questions concerning this order.

Sincerely,

Guy R. Morin

Chief Building Official

Cc. Richard Lacey, Assistant Corporation
Counsel

Karen Wagner, Housing Inspector

David Vanwie, Fire Inspector

Charles Motes, Director of Bristol/Burlington Health District

Phyllis Amodio, Supervisor, Bristol/Burlington Health District

You
are in violation with the following City Property Maintenance Ordinances:

108.1 General. When a structure or equipment is found by the
code official to be unsafe, or when a structure is found unfit for human
occupancy, or is found unlawful, such
structure shall be condemned pursuant to the provisions of this code.

108.1.1 Unsafe structures. An unsafe structure is one that is found to be
dangerous to the life, health, property or safety of the public or the
occupants of the structure by not providing minimum safeguards to protect or
warn occu­pants in the event of fire, or because such structure contains unsafe
equipment or is so damaged, decayed, dilapidated, structurally unsafe or of
such faulty construction or unstable foundation, that partial or complete
collapse is possible.

108.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating
equipment, elevator, moving stairway, electrical wiring or device, flammable
liquid containers or other equipment on the premises or within the structure
which is in such disrepair or condition that such equipment is a hazard to
life, health, property or safety of the public or occupants of the premises or
structure.

108.1.3 Structure unfit for human occupancy. A struc­ture is unfit for human occupancy
whenever the code offi­cial finds that such structure is unsafe, unlawful or,
because of the degree to which the structure is in disrepair or lacks
maintenance, is insanitary, vermin or rat infested, contains filth and
contamination, or lacks ventilation, illumination, sanitary or heating
facilities or other essential equipment required by this code, or because the
location of the struc­ture constitutes a hazard to the occupants of the
structure or to the public.

108.5 Prohibited occupancy. Any occupied structure con­demned and placarded
by the code official shall be vacated as ordered by the code official. Any
person who shall occupy a placarded premises or shall operate placarded
equipment, and any owner or any person responsible for the premises who shall
let anyone occupy a placarded premises or operate placarded equipment shall be
liable for the penalties provided by this code

109.1
Imminent danger. When, in the
opinion of the code offi­cial, there is imminent danger of failure or collapse
of a build­ing or structure which endangers life, or when any structure or part
of a structure has fallen and life is endangered by the occu­pation of the
structure, or when there is actual or potential dan­ger to the building occupants
or those in the proximity of any structure because of explosives, explosive
fumes or vapors or the presence of toxic fumes, gases or materials, or
operation of defective or dangerous equipment, the code official is hereby
authorized and empowered to order and require the occupants to vacate the
premises forthwith. The code official shall cause to be posted at each entrance
to such structure a notice reading as follows: "This Structure Is Unsafe
and Its Occupancy Has Been Prohibited by the Code Official." It shall be
unlawful for any person to enter such structure except for the purpose of
securing the structure, making the required repairs, removing the hazardous
condition or of demolishing the same.

111.1
Application for appeal. Any
person directly affected by a decision of the code official or a notice or
order issued under this code shall have the right to appeal to the Bristol
Building Code Board of Appeals, provided that a written application for
appeal is filed within 20 days after the day the decision, notice or order was
served. An application for appeal shall be based on a claim that the true
intent of this code or the rules legally adopted thereunder have been
incorrectly interpreted, the provisions of this code do not fully apply, or the
requirements of this code are adequately sat­isfied by other means.

302.1
Sanitation. All exterior
property and premises shall be maintained in a clean, safe and sanitary
condition. The occu­pant shall keep that part of the exterior property which
such occupant occupies or controls in a clean and sanitary condition.

302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways,
parking spaces and similar areas shall be kept in a proper state of repair, and
maintained free from hazardous conditions

304.2
Protective treatment. All
exterior surfaces, including but not limited to, doors, door and window frames,
cornices, porches, trim, balconies, decks and fences shall be maintained in
good condition. Exterior wood surfaces, other than decay­resistant woods, shall
be protected from the elements and decay by painting or other protective
covering or treatment.Paint
on the exposed

surfaces of the exterior shall not be cracked, chipped,
blistered, flaking, loose or peeling so as to constitute a health hazard.All siding and masonry joints as well as those between the building
envelope and the perimeter of windows, doors, and skylights shall be maintained
weather resistant and water tight. All metal surfaces subject to rust or
corrosion shall be coated to inhibit such rust and corrosion and all surfaces
with rust or corrosion shall be stabilized and coated to inhibit future rust
and corrosion. Oxidation stains shall be removed from exterior surfaces.
Surfaces designed for stabilization by oxidation are exempt from this
requirement

304.4
Structural members. All
structural members shall be maintained free from deterioration, and shall be
capable of safely supporting the imposed dead and live loads.

304.5
Foundation walls. All
foundation walls shall be main­tained plumb and free from open cracks and
breaks and shall be kept in such condition so as to prevent the entry of
rodents and other pests.

304.6
Exterior walls. All exterior
walls shall be free from holes, breaks, and loose or rotting materials; and
maintained weatherproof and properly surface coated where required to prevent
deterioration.

304.7 Roofs and drainage. The roof and flashing shall be sound, tight
and not have defects that admit rain. Roof drainage shall be adequate to
prevent dampness or deterioration in the walls or interior portion of the
structure. Roof drains, gutters and downspouts shall be maintained in good
repair and free from obstructions. Roof water shall not be discharged in a man­ner
that creates a public nuisance.

304.10
Stairways, decks, porches and balconies. Every exte­rior stairway, deck, porch and balcony, and all
appurtenances attached thereto, shall be maintained structurally sound, in good
repair, with proper anchorage and capable of supporting the imposed loads.

304.11
Chimneys and towers. All
chimneys, cooling towers, smoke stacks, and similar appurtenances shall be
maintained structurally safe and sound, and in good repair. All exposed
surfaces of metal or wood shall be protected from the elements and against
decay or rust by periodic application of weather­coating materials, such as
paint or similar surface treatment.

304.12
Handrails and guards. Every
handrail and guard shall be firmly fastened and capable of supporting normally
imposed loads and shall be maintained in good condition.

304.13
Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound
condition, good repair and weather tight.

304.13.1
Glazing. All glazing materials
shall be maintained free from cracks and holes.

304.13.2 Openable windows. Every window, other than a fixed window, shall
be easily openable and capable of being held in position by window hardware.

304.15 Doors. All exterior doors, door assemblies and hard­ware shall be maintained
in good condition. Locks at all en­trances to dwelling units and sleeping units
shall tightly secure the door. Locks on means of egress doors shall be in
accordance with Section 702.3

305.1
General. The interior of a
structure and equipment therein shall be maintained in good repair, structurally
sound and in a sanitary condition. Occupants shall keep that part of the
structure which they occupy or control in a clean and sani­tary condition.
Every owner of a structure containing a room­ing house, housekeeping units, a
hotel, a dormitory, two or more dwelling units or two or more nonresidential
occupan­cies, shall maintain, in a clean and sanitary condition, the shared or
public areas of the structure and exterior property.

305.3
Interior surfaces. All
interior surfaces, including win­dows and doors, shall be maintained in good,
clean and sanitary condition. Paint on the exposed surfaces of the
interior shall not be cracked, chipped, blistered, flaking, loose or peeling so
as to constitute a health hazard. Cracked or loose plaster, decayed wood and
other defective surface conditions shall be corrected.

305.4
Stairs and walking surfaces.
Every stair, ramp, landing, balcony, porch, deck or other walking surface shall
be main­tained in sound condition and good repair.

305.6
Interior doors. Every interior
door shall fit reasonably well within its frame and shall be capable of being
opened and closed by being properly and securely attached to jambs, head­ers or
tracks as intended by the manufacturer of the attachment hardware.

307.1
Accumulation of rubbish,garbage and litter. All exterior property and premises, and the
interior of every structure, shall be free from any accumulation of rubbish,garbage and litter.

602.3
Heat supply. Every owner and
operator of any building who rents, leases or lets one or more dwelling units
or sleeping units on terms, either expressed or implied, to furnish heat to the
occupants thereof shall supply heatto
maintain a temperature of 65° in all habitable rooms, bathrooms, and toilet
rooms.

603.1
Mechanical appliances. All
mechanical appliances, fireplaces, solid fuel-burning appliances, cooking
appliances and water heating appliances shall be properly installed and
maintained in a safe working condition, and shall be capable of performing the
intended function.

603.2
Removal of combustion products.
All fuel-burning equipment and appliances shall be connected to an approved
chimney or vent.

701.2
Responsibility. The owner of
the premises shall provide and maintain such fire safety facilities and
equipment in com­pliance with these requirements. A person shall not occupy as
owner-occupant or permit another person to occupy any pre­mises that do not
comply with the requirements of this chapter.

702.1
General. A safe, continuous
and unobstructed path of travel shall be provided from any point in a building
or structure to the public way. Means of egress shall comply with the codes
and standards referenced in chapter 8 of this code.

702.3
Locked doors. All means of
egress doors shall be readily openable from the side from which egress is to be
made without the need for keys, special knowledge or effort, except where the
door hardware conforms to that permitted by the International Building Code

704.1 General. All systems, devices and equipment to detect a
fire, actuate an alarm, or suppress or control a fire or any com­bination
thereof shall be maintained in an operable condition at all times in accordance
with thecodes and standards
referenced in chapter 8 of this code. Single
or multiple-station smoke alarms shall be installed in other groups in
accordance with the codes and standards referenced in chapter 8 of this
code. The provisions of this section shall be enforced retroactively to all
existing residential structures.

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